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Overcoming the Lies of an At-Fault Driver

Lies and deception are a reckless approach to getting out of liability for an accident, but that doesn’t stop some defendants from telling falsehoods. This can be especially problematic when the plaintiff and defendant are the only witnesses to the accident: there are no passengers, other drivers, or other bystanders who can shed light on the events leading up to the crash. When a defendant lies, the injured plaintiff can explore several options to establish the truth. The first is to obtain third party data. Auto accidents tend to generate a ton of information. Most contemporary cars have “brains” that can be accessed to gather data about virtually every system in the car. In an accident involving serious injury, police investigators may generate reports. In some cases it can make sense to investigate the defendant’s activities in the time leading up to the crash. Such information could come from deposing the defendant, or might be obtained from things like the defendant’s cell phone data. Another important approach is to examine the defendant’s own words. Lying consistently is very difficult to do. Many people who lie leave a trail of contradictory statements that can be used to refute their falsehoods. This is especially true of a defendant who has discussed the accident on social media or in other electronic forms, like email, which can be entered into evidence. The defendant may have made contradictory statements to others that could be brought in as evidence as well. A defendant who is “caught” in a lie in the course of litigation can face a number of consequences. If the defendant was testifying under oath, whether in a courtroom setting or in a deposition, the lie may be grounds for a criminal charge of perjury, a felony under Nevada law with penalties including up to four years in prison and a fine. In some cases the defendant’s attorneys may also be taken to task by the court for not taking steps to address their client’s deception. A good civil defense attorney wouldn’t allow his or her client to lie in court not just because of the serious criminal penalties that could result, but because it risks undermining the defendant’s case. For the personal injury plaintiff, proving that the defendant lied also calls into question the defendant’s other statements to the court. It puts the plaintiff in a significantly stronger position, because the credibility of the defendant as a witness has been seriously damaged. The attorneys at Greenman Goldberg Raby Martinez have represented clients in the Las Vegas area in personal injury cases for over four decades. We work closely with each client to find the best path to a successful outcome. For a free attorney consultation about your case call us today at 702-388-4476 or send us a request on our contact page.